Terms and Conditions


DEAR VISITOR,

Please read through the following Terms and Conditions (“Terms and Conditions”) carefully. All references to 'our', 'us', 'we', 'company' or ‘Diageo’ within these Terms and Conditions shall be deemed to refer to Diageo Business Services Ltd. (Seat: H-1132 Budapest, Váci út 20-26; Company Registry No.: 01-09-696359; Tax ID No.: 12642849-2-44), while references to ‘you’, ‘your’ or ‘user’ shall be references to the user of the Websites.

By opening the websites accessible at www.bespirited.uk and any of its pages (“Website”) you accept the Terms and Conditions listed herein.

In case you do not agree to those set forth below, please do not pursue opening our Websites.

1. General Information

1.1. The Website is intended for your use only if you are of legal age to purchase alcohol in Hungary and your country of residence and in the country from which your are accessing the Website. If you do not fall within this category, you may be in breach of applicable laws or regulations, and you should not access to the Website.

1.2. Diageo does its utmost to ensure the accuracy of the information transferred to the Website upon the date of uploading. Notwithstanding the above, Diageo shall not undertake warranty, either express or implied, for information provided on the Website.

1.3. Diageo reserves the right to make any change or correction of, or delete, the Website or the information thereon in whole or in part, without giving notice thereof. It is recommended to review this page periodically for updates, which shall come into effect when posted. Your continued use of the Site constitutes acceptance of the amended Terms and Conditions. We also may impose limits on certain features or restrict your access to parts of or the Website without notice or liability.

2. Liability:

2.1. Diageo shall not accept responsibility for any loss or damage arising out of the access to, or lack or use of, the Websites or any information provided by the Websites.

2.2. Diageo will not be liable for any damages, losses, costs or expenses arising out of, or the use of, or the inability to use improper operation, operating trouble or any unauthorized change of data by any person, or arising out of the delay in transmission of information, computer virus, line or system failure, or any similar reason.

2.3. To the extent permitted by applicable Hungarian law, Diageo shall have no liability for any loss or damage howsoever arising and of whatever nature incurred in connection with the user or to third parties or reliance on including but not limited to, any direct, indirect or consequential loss, loss of business, loss of goodwill or loss of profits.

3. Indemnity

3.1. Diageo shall not be liable for any content provided by you including but not limited to any user or personal data or information. You agree to indemnify and hold Diageo, its group undertakings, and each of their directors, officers, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees arising out of or in connection with:

4. Copyright

4.1. Any user of the Website, who provides information to Diageo through the use of the Website, shall accept that Diageo has unrestricted rights to such information, and Diageo shall be entitled, upon its discretion, to use such information.

4.2. The Websites and their content (content being images, sound and text, etc.) as well as their arrangements are protected by copyright or trademark protection. Any use of such content – exceeding personal use – in any form may not be made without the prior express written consent of Diageo.

4.3. You are hereby warned that any use differing from or infringing the terms of Diageo detailed above shall be followed by copyright, civil and criminal consequences. Diageo shall take steps against any infringement of rights that may come to its knowledge.

5. Entire Agreement

5.1. The Terms and Conditions, including the Privacy Policy - and if applicable, the BESPIRITED Participation Rules -, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us.

5.2. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is unenforceable or invalid, the other provisions of the Terms and Conditions shall remain in full force and effect. We may, at our option, assign, or otherwise transfer any or all of our rights and obligations under the Terms and Conditions to any third party or parties at any time in accordance with the relevant Hungarian laws, in particular the Act V of 2013 on the Civil Code.

5.3. The Terms and Conditions, the Privacy Policy and the Rules as well as any dispute arising out of or in connection with the use of the Websites shall be governed by the laws of Hungary Please take into consideration that it is recommended to read carefully the Terms and Conditions and Privacy Policy and the “BESPIRITED” Program Participation Rules and Guidelines.

Diageo Business Services Ltd. all rights reserved ©

PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) contains the rules in relation to personal data protection, data privacy and data processing in connection with the use of www.bespirited.uk and any of its pages (“Website”).

All references to 'our', 'us', 'we', 'company' or ‘Diageo’ within this Privacy Policy shall be deemed to refer to Diageo Business Services Ltd. (Seat: H-1132 Budapest, Váci út 20-26; Company Registry No.: 01-09-696359; Tax ID No.: 12642849-2-44), while references to ‘you’, ‘your’ or ‘Data Subject’ shall be references to the users of the Websites and those who provide personal data on the Websites.

By using the websites and by application and participation in the Diageo ‘BESPIRITED’ Program (‘Program’), based on the rules and the prior notification as of this Privacy Policy, you give your implied consent to the personal data processing in accordance with the Privacy Policy. The data processing shall be in accordance with the Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (“Freedom of Information Act”), therefore Diageo shall not process sensitive data as of the meaning referred in the Freedom of Information Act.

1. DATA PROTECTION INFORMATION SHEET

1.1. The purpose of the procession of personal data is participation in the Program, keeping contact between Diageo and you and inform you about future opportunities/programs at Diageo.

1.2. The legal basis of the procession of personal data shall be the data subject’s implied or express consent according to the Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (“Freedom of Information Act”).

1.3. The data controller shall be Diageo.

1.4. The data controller applies a data processor.

1.5. The data processor shall be Ecosim Kft. (Seat: 1094 Budapest, Páva u. 13.; Company Registry No.: 01 09 714023; Tax ID No.: 13000873-2-43; contact e-mail: balazs.orova@ecosim.hu) (Database building, registration: NAIH65429/2013., NAIH-65428/2013.)

You can request information about EcoSim’s and Diageo’s data management at any time. Contact us from your email address used at the registration via an e-mail sent to support@ecosim.hu. We will respond by email within a maximum of 1 month.

1.6. Duration of data processing: 2 years from the Start Time of the Program as referred in the Rules.

2. THE FRAMEWORK OF DATA PROCESSING

2.1. Diageo controls personal data only for the purposes mentioned above. Diageo provides the security of personal data and take the suitable measures against unauthorized access, alteration, transmission, public disclosure, deletion or destruction, as well as damage and accidental loss, and to ensure that stored data cannot be corrupted and rendered inaccessible due to any changes in or modification of the applied technique.

Diageo assures that the personal data provided during the Program will not be used for any other purpose.

2.2. Diageo hereby inform the Data Subject about the right to ask for information on their personal data processed by Diageo.

The collected personal data will be erased after the period mentioned above.

2.3. Diageo informs all the Data Subjects that their consent to personal data processing means a freely and expressly given specific and informed indication of their wishes by which they signify their agreement to personal data relating to them being processed without limitation or with regard to specific operations.

2.4. Personal data may be processed also if the processing of personal data is necessary: for compliance with a legal obligation pertaining to the data controller, or for the purposes of the legitimate interests pursued by the controller or by a third party, and enforcing these interests is considered proportionate to the limitation of the right for the protection of personal data. Where personal data is recorded under the Data Subject’s consent, the controller shall - unless otherwise provided for by law - be able to process the data recorded where this is necessary:

3. YOUR DATA PROTECTION RIGHTS:

The Data Subject may request from the data controller:

Upon the request from the Data Subject the data controller shall provide information concerning the data relating to the Data Subject, including those processed by a data processor hired by Diageo or by others based on its instructions, the sources from where they were obtained, the purpose, grounds and duration of processing, the name and address of the data processor and on its activities relating to data processing, and – if the relevant personal data is made available to others - the legal basis and the recipients.

Diageo must comply with requests for information without any reasonable delay, and provide the information requested in an intelligible form, in writing at request, within not more than thirty days. Diageo may refuse to provide information only in the cases defined under the Freedom of Information Act.

Where information is refused, Diageo shall inform the Data Subject in writing as to the provision of Freedom of Information Act serving grounds for refusal.

Diageo hereby informs the Data Subjects that in case of any infringement of his/her rights, the data subject may lodge a complaint with the National Authority for Data Protection and Freedom of Information (Nemzeti Adatvédelmi és Információszabadság Hatóság 1125 Budapest, Szilágyi Erzsébet fasor 22/C.; telefon: +36-1+391-1400; telefax: +36-1-391-1410; e-mail: ugyfelszolgalat@naih.hu; “Authority”) or initiate court proceeding.

The detailed rights of the Data Subjects shall be available in the Section 13-17 and Section 30 of the Freedom of Information Act. According to the Freedom of Information Act, the Diageo shall be liable to prove that the data processing is in compliance with the relevant legislation.

In case any of the Data Subjects request to erase his/her personal data, then the relevant personal data shall not be processed by Diageo, therefore Diageo shall not be able to prove the compliance of the data processing. In consideration of the above, by requesting the erasure of the personal data, the Data Subject expressly and irrevocably declare that he/she shall not have any claim in relation to the data processing.

4. DATA RECORDING

Diageo will provisionally use the following automatically generated information for the purposes of technical operation of the website:

To register for the competition, you are required to provide the following information:

Profile

Education

Foreign languages

IT knowledge

Work experience

5. USE AND TRANSMISSION OF DATA

In case Diageo intends to use the data provided by you for purposes other than the purpose of original data recording, Diageo shall notify the data subject thereof, and obtain his/her prior consent thereto, and afford an opportunity for him/her to cancel such consent at any time thereafter.

Diageo will not transmit any personal data treated to any third person, unless such transmission is provided for by legislative provisions, without the prior consent of the data subject thereto. Diageo shall be entitled to use data and information provided by you for purposes including but not limited to purposes listed below:

The data provided at registration can be used by Diageo and its data processors for the following purposes:

Profile

Education

Foreign languages

IT knowledge

Work experience

Diageo shall treat any information about the person, personal data and business relations with the Diageo of its customers, partners and other clients as confidential information. No release can be given from the obligation of management of confidential information other than by the data subject.

6.SECURITY OF DATA PROCESSING

In order to avoid unauthorized use of personal data managed by Diageo and to avoid misuse of such data, Diageo has taken comprehensive technical and operational safety measures. Our safety procedures have regularly been controlled and improved in harmony with technological development.

7. INFORMATION

You are warned that you may have access to the websites of other companies and organizations from the Websites. Diageo will not be liable either for the content and accuracy of the data at such websites, or for the security of your data. It is recommended for you, in case you use such websites, to be persuaded of the data protection policy of the organization publishing such websites.

Please be aware that Terms and Conditions, including the Privacy Policy - and if applicable, the BESPIRITED Participation Rules -, constitute the entire agreement between you and us. If you have any questions regarding the competition send an e-mail to support@bespirited.uk.

Diageo Business Services Ltd. all rights reserved ©

“BESPIRITED” PROGRAM - PARTICIPATION RULES AND GUIDELINES

1. Subject of the “BESPIRITED” Program Participation Rules and Guidelines

The subject of the “BESPIRITED” Program Participation Rules and Guidelines (“Rules”) is the “BESPIRITED” Program (“Program”) which is a talent acquisition program and competition organised by DIAGEO Business Services Ltd. (Seat: H-1132 Budapest, Váci út 20-26; Company Registry No.: 01-09-696359; Tax ID No.: 12642849-2-44; „Diageo”).

The Rules are available at the following website: www.bespirited.uk(“Website”)

By application and participation in the Program, the applicants and Participants declare that they are aware of the Rules and any other applicable terms and conditions relevant to the Program and accept those Rules and other applicable terms and conditions.

2. Duration of the Program and language

The Program takes place from 07 September 2020 00.00 (“Start Time”) to 20 November 2020 24.00 (“Ending Time”) as set out in the Rules.

3. Organiser

The organiser and main sponsor of the Program is Diageo. Contact and any information in relation to the Program: support@bespirited.uk.

4. Contributing Agencies

The following companies acts as contributing agencies in the Program:

5. Description and Rounds of the Program

The Program contains three (3) rounds as defined in this Section 6 of the Rules. During an online qualification part and other online parts of the Program, Participants in teams of three (3) have to solve logical, professional and financial tasks.

Please be aware that further details on the description and the process of the Program may be found on the Website.

5.1. First Round: Online Qualification

In the first round the teams of three will have a chance to go on virtual international missions to explore various business locations at Diageo within the framework of an online business adventure game. Participants have to solve interesting business-related tasks to help the members of the Diageo Expert Team accomplish their mission. At the end of the Online Qualification, the ranking of the teams will be based on the results of the professional tasks, teams who solved at least 70% of the tasks correctly will proceed to the next round.

5.2. Second Round: Online Semi-final

The teams who solved at least 70% of the tasks correctly in the Online Qualification get the opportunity to take part in the Semi-final, if they fulfil all the application requirements set forth below. Information of the Semi-final task will be available after the qualification.

The TOP 10 teams of the Semi-final are invited to take part in the online Final, so they can also meet DIAGEO Business Services Ltd.’s management and prove their professional capability to them.

5.3. Third Round: Online Final

The online Final round of the Program would cover tasks as follows:

Information will be available only a few days before the Final.

The TOP 3 teams (selected out of the TOP 10 teams based on the Final results) receive prizes, defined in the Rules and on the Websites.

5.4. The Jury

During the online Final of the Program a jury (“Jury”) would score and decide on the achievement and performance of the Participants.

The Jury of the Live Final shall be the members of the DIAGEO management.

Beside the Prizes, the best performing Students of the Program might receive a job offer and the opportunity to participate in the internship program of DIAGEO, if they are selected by DIAGEO’s management based on their professional background, experiences and demonstrated capability, and the organization has vacant position in line with the candidate’s professional background, experiences and demonstrated capability.

The BESPIRITED Program participation does not mean automatic participation in the internship program or job offer, some further selection steps shall be applicable, e.g. interviews or tests. Diageo reserves the right not to provide job offer or internship program participation offer to any of the Students without further justification or reasoning.

6. Participants

6.1. Categories

Those who apply for the Program and met the requirements set out in the Rules, may participate in the Program (together as “Participants”).

The Participants shall be separated into two (2) categories:

In relation to the Program, the term “recently graduated student” shall mean any student who finished his/her studies within two (2) years before the Start Time.

In case of the Students – in relation to whom it is applicable – student status should be valid until the Final of the Program.

Diageo reserves the right to request proof of student status, e.g. by school attendance certificate, from the Participant during the whole period of the Program.

Only those can apply to the Program, who meet the requirements set out in the Rules. Diageo reserves the right to disqualify any Participant, at any of the stages of the Program if the requirements are not met.

6.2. Additional Restrictions

The Employees may apply to the Program only with valid and active Diageo e-mail address. The Program is intended for the participation only if the Participants are of legal age to purchase alcohol in Hungary and their country of residence and in the country from which they are accessing the Websites.

If they do not fall within this category, they may be in breach of applicable laws or regulations, and they should not access to the Website or participate in the Program.

6.3. Other Companies

Diageo may provide the possibility for teams from other companies of the Diageo Group to participate in the First Round: Online Qualification part of the Program.

In relation to the Rules Diageo Group shall mean affiliates of Diageo plc other than Diageo (“Other Affiliates”).

The participation of teams from Other Affiliates shall be strictly restricted to the First Round: Online Qualification and their participation shall not affect, in any form, the participation of the Employees and the Students.

7. Winners and Prices

In every category set out in Section 7 of the Rules the teams ranked in the first, second and third place shall win prices as set out in the Rules.

That shall mean that the team ranked in first, second, third places from Employees and the team of first, second, third places from the Students shall win the prices as follows:

8. Data Protection

8.1. Data Protection Information

During the Program, the purpose of the possible procession of personal data is participation in the Program, keeping contact between Diageo and the program applicants and Participants (together as “Data Subject”) and inform the Data Subject about future opportunities/programs at Diageo.

The legal basis of the procession of personal data shall be the data subject’s implied or express consent according to the Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (“Freedom of Information Act”).

The data controller in relation to the Program shall be Diageo.

The data controller applies a data processor. The data processors in relation to the Program shall be the contributing agencies as set out in the Section 4 of the Rules, i.e. Ecosim Kft. (Database building, registration: NAIH-65429/2013., NAIH-65428/2013.,) Duration of data processing: 2 years from the Start Time.

8.2. The Framework of Data Processing

Diageo controls personal data only for the purposes mentioned above. Diageo provides the security of personal data and take the suitable measures against unauthorized access, alteration, transmission, public disclosure, deletion or destruction, as well as damage and accidental loss, and to ensure that stored data cannot be corrupted and rendered inaccessible due to any changes in or modification of the applied technique.

Diageo assures that the personal data provided during the Program will not be used for any other purpose.

Diageo hereby inform the Data Subject about the right to ask for information on their personal data processed by Diageo.

The collected personal data will be erased after the period mentioned in sub-section 8.1 of the Rules.

Diageo informs all the Data Subjects that their consent to personal data processing means a freely and expressly given specific and informed indication of their wishes by which they signify their agreement to personal data relating to them being processed without limitation or with regard to specific operations.

Personal data may be processed also if the processing of personal data is necessary: for compliance with a legal obligation pertaining to the data controller, or for the purposes of the legitimate interests pursued by the controller or by a third party, and enforcing these interests is considered proportionate to the limitation of the right for the protection of personal data.

Where personal data is recorded under the Data Subject’s consent, the controller shall - unless otherwise provided for by law - be able to process the data recorded where this is necessary:

8.3. Data Subject’s Rights:

The Data Subject may request from the data controller:

Upon the request from the Data Subject the data controller shall provide information concerning the data relating to the Data Subject, including those processed by a data processor hired by Diageo or by others based on its instructions, the sources from where they were obtained, the purpose, grounds and duration of processing, the name and address of the data processor and on its activities relating to data processing, and – if the relevant personal data is made available to others - the legal basis and the recipients.

Diageo must comply with requests for information without any reasonable delay, and provide the information requested in an intelligible form, in writing at request, within not more than thirty days.

Diageo may refuse to provide information only in the cases defined under the Freedom of Information Act.

Where information is refused, Diageo shall inform the Data Subject in writing as to the provision of Freedom of Information Act serving grounds for refusal.

Diageo hereby informs the Data Subjects that in case of any infringement of his/her rights, the data subject may lodge a complaint with the National Authority for Data Protection and Freedom of Information (Nemzeti Adatvédelmi és Információszabadság Hatóság 1125 Budapest, Szilágyi Erzsébet fasor 22/C.; telefon: +36-1+391-1400; telefax: +36-1-391-1410; email: ugyfelszolgalat@naih.hu; “Authority”). The detailed rights of the Data Subjects shall be available in the Section 13-17 and Section 30 of the Freedom of Information Act. According to the Freedom of Information Act, the Diageo shall be liable to prove that the data processing is in compliance with the relevant legislation.

In case any of the Data Subjects request to erase his/her personal data, then the relevant personal data shall not be processed by Diageo, therefore Diageo shall not be able to prove the compliance of the data processing. In consideration of the above, by requesting the erasure of the personal data, the Data Subject expressly and irrevocably declare that he/she shall not have any claim in relation to the data processing.

Further information on the data privacy and data protection shall be available on the Websites.

9. Miscellaneous

9.1. Amendments

Diageo reserves the right, at its sole discretion, to amend the Rules and other relevant terms and conditions or data privacy policy and/or withdraw or cancel the Program at any time without notice. In case of amendment, the continued participation in the Program after such amendment constitutes the Participants’ acceptance of the new Rules. All the amendments shall be effective from the publishing date of such amendment.

9.2. Liability

To the extent permitted by applicable Hungarian law, Diageo shall have no liability for any loss or damage howsoever arising and of whatever nature incurred in connection with the Participants or to third parties or reliance on including but not limited to, any direct, indirect or consequential loss, loss of business, loss of goodwill or loss of profits.

9.3. Voluntarily

The participation and providing any information including personal data is voluntary.

9.4. Product Placement

During the Program product placement and prop placement occurs.

Diageo Business Services Ltd. all rights reserved ©